Note 566 — POWERS AND DUTIES OF CORONERS AND MEDICAL EXAMINERS.

Williams v. Commonwealth, 29 Pa. St., 102. In this case the prosecution was permitted to prove upon the trial that a justice of the peace had held an inquest on the body of a dead person, and appointed another person foreman of the inquest, and directed him to swear witnesses; and while the inquest was still sitting, the foreman called upon and requested the defendant to be sworn and give evidence as a witness, and he was duly sworn and was examined by the foreman, in presence of the inquest. It was held on appeal that his evidence was admissible. On this point the Court said: “If the defendant had been awakened out of sleep, charged with crime, and then, in the necessary confusion of his faculties sworn to testify, I should have steadfastly resisted the subsequent introduction of the testimony against him. The common law, which justifies an accused man in entire silence, appears in beautiful contrast to the continental systems, which permit the criminal to be racked by inquisitorial skill, until something be wrung from him which may be patched up into proof of guilt. This case shows nothing of the kind. The phrase ‘called up’ commented on by the counsel, does not appear in the record, and if employed by the witnesses related doubtless to the ordinary case of calling forth a witness, and not awakening him from slumber. When the defendant was sworn before the inquest, he had neither been charged with nor suspected of crime. He might have declined to testify, and this would have pointed suspicion directly to him. He took the risk of a statement, and cannot complain that he met the legitimate consequences of the act. In the eye of all the authorities, it was a voluntary statement.”